Orange County Postnuptial Agreement Lawyer

A postnuptial agreement is a legal document created after two people are already married. The details of these agreements detail how certain decisions should be made if the couple were to ever divorce. This can include how assets are divided, who is responsible for specific debts, and other financial matters that need to be addressed before each spouse moves forward independently. Hiring an experienced Orange County postnuptial agreement lawyer can help.

At The Goldberg Legal Group, our dedicated team of attorneys understands the complexities and nuances that exist when creating a postnuptial agreement between two married individuals. Hiring an Orange County family lawyer can be a wise investment to help ensure this legal agreement reflects your needs and goals. They can help you safeguard specific assets that are important to you, address business interests, or even negotiate alimony payments.

What Are the Most Common Elements of a Postnuptial Agreement in Orange County?

When it comes time to draft a postnuptial agreement, you want to make sure that all relevant components are proactively addressed to avoid unnecessary disputes if you and your spouse ever divorce.

Some of the most common elements found in these agreements include:

Division of Assets and Marital Property

The category of property division can be one of the largest elements of a postnuptial agreement. This is because couples could own a lot of different assets together as a couple (community property) and separately from what they acquired before the marriage (separate property). If you need more help, contact our Orange County property division lawyers today.

This piece of the postnuptial agreement will detail exactly how these marital and individual assets will be divided during a divorce proceeding. This includes any real estate properties, vehicles, savings accounts, and financial investments.

Debt Allocation

Many people are surprised to learn that postnuptial agreements don’t just include physical items owned but also debt that is still owed to certain financial institutions. In these agreements, details need to be agreed upon regarding how existing debt, such as a mortgage and credit card balances, will be divided up in a divorce. This helps to ensure that each spouse will take on a fair share of the responsibility in a divorce to protect both parties from unnecessary financial burdens.

Spousal Support

Spousal support is a payment made from one spouse to the other during a divorce to help ensure a lower-earning spouse is financially supported as they transition into life on their own. Conversations on these payments can be very contentious, as one spouse may feel like they are being taken advantage of while the other spouse may feel they need more funds to support their basic needs. Postnuptial agreements can address these disputes in advance of a divorce.

Inheritance Rights

Discussions on inheritance rights can be a sensitive topic to approach, as it often involves specific family heirlooms or assets that can be deeply personal to an individual. Within a postnuptial agreement, each spouse can have their inheritance rights clarified to ensure that assets that are important to them and their family are protected if they were to divorce their spouse. This can help protect various family legacies and keep harmony among heirs.

Retirement Benefits

Both spouses likely are relying on their retirement accounts and pensions to ensure they are financially supported in their later years in life. To protect the money they have set aside for retirement, they can set specific terms and conditions on how these funds are split in a postnuptial agreement. Both parties may decide that they both keep the funds they contributed to the retirement account. This can help ensure retirement plans remain intact, even after divorce.

Child Support and Custody

While you are not able to make pre-divorce decisions on child support and child custody through a postnuptial agreement, both parties are welcome to include certain provisions to these matters that can be used as a framework if the couple decides to divorce. The court’s judge will always make these decisions on what appears to be the most advantageous arrangement for the child at the point of divorce, but they will take postnuptial agreement details into consideration.

Orange County Postnuptial Agreement FAQs

Q: How Much Does a Postnuptial Agreement Cost in Orange County, CA?

A: The total cost of a postnuptial agreement in Orange County largely depends on how complicated your case is and how many years of experience the attorney has that you choose to hire. Every time your attorney works on your case, they will charge for their work. This will include meetings after an initial consultation, time spent drafting the postnuptial agreement, any work done to make revisions, and if negotiations are required with the other party involved.

Q: Can You Make a Postnuptial Agreement Without a Lawyer in Orange County?

A: While it is possible to make a postnuptial agreement without a lawyer in California, it is not recommended. There are many complicated steps involved in the postnuptial agreement process to ensure the details agreed upon will be legally enforceable in divorce court. Without having an attorney to supervise the entire process and enforce these rights when the time comes, you could risk facing unnecessary disputes or losing certain assets that could have been protected.

Q: What Cannot Be Included in a Postnuptial Agreement?

A: There are certain provisions that are not allowed to be included in a postnuptial agreement, especially if they violate any public policies or state laws in California. One of the most common examples is trying to waive child support obligations in advance of a divorce. Because so many family dynamic details can impact how a child should be supported in the event of a divorce, the court does not allow decisions to be made months or years in advance of a potential divorce.

Q: What Voids a Postnuptial Agreement?

A: If there is evidence to suggest that a postnuptial agreement is invalid or specific details are unenforceable, there could be merit to try and void the agreement. For example, if someone was coerced or forced into signing the agreement, this is illegal and will discredit everything that was previously laid out. These agreements could also be voided if it’s discovered that one spouse purposefully refused to disclose specific assets to manipulate their financial status.

Contact The Goldberg Legal Group Today

If you and your spouse are interested in the merits of a postnuptial or prenuptial agreement, connect with the attorneys at The Goldberg Legal Group as soon as you can. We have been helping married clients protect assets that are important to them for many years in Orange County and would be honored to help do the same for you and your spouse. Contact us today to sign up for a private consultation and learn more.